Shree Shiva, LLC v. City of Redding

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHREE SHIVA, LLC, No. 2:21–cv–211–JAM–KJN Plaintiff, ORDER DENYING WITHOUT PREJUDICE

PLAINTIFF’S REQUEST FOR ENTRY OF

v. DEFAULT AGAINST DEFENDANTS

CITY OF REDDING AND JAMES RIGHT

CITY OF REDDING, et al., (ECF No. 10.) Defendants. 16 On June 14, 2021, plaintiff Shree Shiva, LLC filed a motion for entry of default against defendants City of Redding and James Right, which was ultimately set for a July 29, 2021 hearing. (ECF Nos. 10, 11.) Plaintiff asserts default should be entered against these two defendants because they failed to respond to the initial complaint by a May 5, 2021 stipulated deadline. (ECF No. 10.) However, as plaintiff recognizes, these two defendants responded to the complaint by filing a motion to dismiss. (ECF No. 7.) Plaintiff argues default should still be entered, however, as their motion to dismiss was untimely filed (on May 19) and defendants failed to request permission to file the…